House Bill 82 (HB82) and House Bill 130 (HB130) will be introduced by Rep. Harold Dutton (D-Houston). The legislation would reduce criminal penalties for marijuana possession. HB82 would drop the penalties for possessing of up to one ounce of marijuana to a Class C misdemeanor from a Class B misdemeanor. HB130 would reduce the penalties for possessing up to one gram of a controlled substance to a Class A misdemeanor from a state jail felony.

The other two bills ready for introduction are proposed amendments to the Texas state constitution that would set the stage for marijuana legalization. Sen. José Rodríguez (D-El Paso) pre-filed Senate Joint Resolution 17 (SJR17) to fully legalize marijuana for recreational use and Senate Joint Resolution 18 (SJR18) to legalize medical marijuana for qualifying patients. SJR17 simply defines cannabis, the proper term for marijuana, and gives the legislature all authority to “regulate the possession, cultivation, and sale of cannabis in this state.” SJR18 is written in a similar manner, with the legislature given sole discretion over the rules relating to medical marijuana.

If the resolutions pass both houses of the legislature by a 2/3 majority, the amendments will be submitted to the voters in the 2018 general election.

“In most states that have passed reform, the voters are allowed to look at it on a ballot and say yes or no on reform. Here in Texas, we rely on our state reps to advocate for us,” Director of the San Antonio chapter of NORML, Luis Nakamoto said in a KENS5 report. “The mentality is changing and kind of catching up to the science behind cannabis, at the very least. So now there’s more support that the legislators can stand on and make those important decisions for us.”

LEGALITY

The federal Controlled Substances Act (CSA) passed in 1970 prohibits all of this behavior. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Texas would remove a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, Texas essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Texas wants to join a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have already legalized recreational cannabis with California, Nevada, Maine, and Massachusetts set to join them after ballot initiatives in favor of legalization were passed in those states earlier this month.

With more than two-dozen states allowing cannabis for medical use as well, the feds find themselves in a position where they simply can’t enforce prohibition any more.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT?

HB82, HB130, SJR17 and SJR18 will need to pass their committee assignments before they can be considered in the House and the Senate. The bills will be assigned to committees during the 2017 legislative year. Stay in touch with our Tenther Blog and our Tracking and Action Center for the latest updates.

Marijuana provides a really good barometer on how someone views the proper role of the federal government vs the states under the constitution. While more states have defied the feds on weed than on any issue at any time in history, there are some who still want to flex federal muscle and force a one-size-fits-all national decision.

This comes from both sides of the issue.

Some legalization advocates want to use the power of Washington D.C. to force a legalization across the entire country. On the other side, some want to use federal power to shut down whatever the states try to do. Under the Constitution, both are wrong.

President-elect Trump repeatedly pledged to respect state marijuana laws if elected president. But his AG pick, Jeff Sessions, is one of the most hostile voices in Washington against such policies.

Sessions, a former U.S. attorney, criticized President Obama for his administration’s approach to the issue. “His lax treatment and comments on marijuana, it’s been obvious, it reverses 20 years almost of hostility to drugs, begun really, when Nancy Reagan started the ‘Just Say No’ program,” the senator said.

This is bad on two levels.

First of all, Pres. Obama did not give the states “lax treatment” on marijuana. In fact, he was more aggressive and anti-10th Amendment than his two predecessors combined. This statement shows Sessions is either a liar or doesn’t know what he’s talking about.

He clearly opposes choices made by the people of each state, and is hostile to the balance of powers under the Constitution.

Now, as AG, he might have to rein in his own personal views and follow the promised policy goals of his new boss, but there’s no way to know right now because the AG usually has a lot of independent policy authority and prosecutorial discretion.

What is absolutely certain is that Sessions doesn’t respect the 10th Amendment on marijuana. And because of that, he shouldn’t be trusted with power on other issues either.

Maine voters approved Question 1 by 2,620 vote margin. The race was close and officials didn’t declare a winner until Thursday afternoon. Opponents of the measure may demand a recount.

With passage of Question 1, Maine will regulate and tax marijuana as an agricultural product.The measure allows individuals over the age of 21 to possess and use marijuana, and also provides for the licensure of retail facilities and marijuana social clubs.

The federal Controlled Substances Act (CSA) passed in 1970 prohibits all of this. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Maine removes a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, Maine essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Maine was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use Tuesday. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle. Seven of the eight passed.

Miane joins a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use.

With more than half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more.

The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

Passage of Prop 205 would have made it legal for adults 21 years or older to possess and use one ounce or less of marijuana and grow up to six plants in their homes. Even with the defeat of the measure, Arizonans still have legal access to marijuana for medical use.

The federal Controlled Substances Act (CSA) passed in 1970 prohibits possession of marijuana for any reason. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana for general use in Arizona would have removed another huge layer of laws prohibiting the possession and use of marijuana. even while federal prohibition remains on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By ending state prohibition, Arizona could have essentially swept away most of the basis for 99 percent of marijuana arrests. With medical marijuana being legal in the state, some state and local enforcement is still removed.

Figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Arizona was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use Tuesday. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle. Six passed and a legalization measure in Maine was narrowly ahead Tuesday morning.

The state sought to join a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use.

With more than half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more.

The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

With passage of the “Initiative to Regulate and Tax Marijuana,” individuals age 21 and above can legally purchase, possess and consume up to one ounce of marijuana, or up to one-eighth of an ounce of concentrated cannabis. Individuals can also grow up to six marijuana plants for personal use.

The federal Controlled Substances Act (CSA) passed in 1970 prohibits all of this. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Nevada removes a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, Nevada essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Nevada was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use Tuesday. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle. Six of the eight passed, and a legalization measure in Maine was narrowly leading Tuesday morning.

The state joins a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use.

With more than half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more.

The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

Arkansas has become the first state in the Bible Belt to legalize medical marijuana.

With their approval of Issue 6 on Tuesday, voters will allow patients with a variety of medical conditions and a doctor’s permission to buy marijuana from dispensaries. Patients won’t be allowed to grow their own.

With 90% of precincts reporting, the measure passed by a margin of 53-47.

In North Dakota, Measure 5 will legalize medical marijuana to treat some medical conditions, such as cancer, AIDS and hepatitis C. Patients will need identification cards listing specific criteria. A similar measure failed to reach the ballot in 2012.

It was approved by a margin of 64-36.

These states were among eight with measures on the ballot to to legalize marijuana for either for medical or general adult use today. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle.

EFFECT ON FEDERAL PROHIBITION

Legalization of medical marijuana in Arkansas and North Dakota removes a major layer of laws prohibiting the possession and use of marijuana.

While the new state laws will not alter federal law, they take a step toward nullifying the federal ban in practice and effect. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By easing state prohibition, both states essentially sweep away part of the basis for 99 percent of marijuana arrests.

Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

Arkansas and North Dakota join a growing number of states simply ignoring federal prohibition. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use. With half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more. The feds need state cooperation to fight the “drug war,” and that has rapidly evaporated in the last few years with state legalization, practically nullifying the ban.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

With passage of Proposition 64, Californians who are 21 and older will be able to possess, transport and buy up to 28.5 grams of marijuana and to use it for recreational purposes. That expands the law that 20 years ago legalized marijuana for medical use, the first state in the country to do so.

However, all of this is prohibited under the federal Controlled Substances Act (CSA), an unconstitutional measure passed in 1970. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in California removes a huge layer of laws prohibiting the possession and use of marijuana in the world’s 6th largest economy, something that will be extremely difficult for federal prohibitionists to overcome.

Nearly 40 million more people will soon be living in a state that has decided to tax and regulate marijuana like alcohol rather than treat it like a criminal enterprise. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, California essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

California was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use today. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle.

The state joins a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use, with Florida joining them earlier tonight.

With half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more.

The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

With 64 percent of the precincts reporting, Tenth Amendment Center projects Question 4 as the winner by a margin of 53-47.

With passage of Question 4, adults over 21 will be able to possess and cultivate up to ten ounces of cannabis, although consumption will not be allowed in public. Marijuana products will be taxed and regulated in a process similar to alcohol in the state.

However, all of this is prohibited under the federal Controlled Substances Act (CSA), an unconstitutional measure passed in 1970. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Massachusetts removes a huge layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, Massachusetts essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Massachusetts was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use today. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle.

The state joins a growing number that are simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use, with Florida joining them earlier tonight.

With half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more.

The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats.

Amendment 2 alters the Florida state constitution to permit the usage of medical marijuana for patients suffering from “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”

Florida was one of eight states with measures on the ballot to to legalize marijuana for either for medical or general adult use today. This is the largest number of states that have considered nullifying marijuana prohibition in a single election cycle.

EFFECT ON FEDERAL PROHIBITION

Legalization of medical marijuana in Florida removes one major layer of laws prohibiting the possession and use of marijuana.

While Florida law will not alter federal law, it takes a step toward nullifying the federal ban in practice and effect. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By easing state prohibition, Florida essentially sweeps away part of the basis for 99 percent of marijuana arrests.

Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

Florida, as the first state in the Southeast to do so, joins a growing number of states simply ignoring federal prohibition. Colorado, Washington state, Oregon and Alaska have all legalized both recreational and medical marijuana, and more than two-dozen states now allow cannabis for medical use. With half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more. The feds need state cooperation to fight the “drug war,” and that has rapidly evaporated in the last few years with state legalization, practically nullifying the ban.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

According to an AP report, more than 250 people lined up outside Herbal Outfitters in Valdez prior to the noon opening last Saturday. Some came from as far away as Fairbanks, more than 350 miles to the north.

“It’s a historic moment,” store owner Richard Ballow said. “I feel like I am blessed and honored to be a part of this.”

Voters in Alaska approved a referendum legalizing possession of up to an ounce of marijuana outside of a home in November 2014.

The state’s first testing lab opened in Anchorage earlier in the week after clearing all of its regulatory hurdles. The facility will test cannabis flowers, edibles and concentrates. Two marijuana shops were scheduled to open this week in Anchorage.

Including Alaska, four states have legalized recreational use of marijuana, despite absolute federal prohibition.

EFFECT ON FEDERAL PROHIBITION

State legalization removes one layer of laws prohibiting the possession and use of marijuana, but federal prohibition remains in place.

Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

While Alaska law does not alter federal law, it takes a step toward nullifying in effect the federal ban. FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By easing state prohibition, Alaska essentially sweeps the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

Alaska is among a growing number of states simply ignoring federal prohibition. Colorado, Oregon, Washington state have all also legalized both recreational and medical marijuana, and more than 2-dozen states now allow cannabis for medical use. Voters in eight states will consider ballot measures to legalize marijuana either for medical or general adult use in the general election. With half the country legalizing marijuana, the feds find themselves in a position where they simply can’t enforce prohibition any more. The feds need state cooperation to fight the “drug war,” and that has rapidly evaporated in the last few years with state legalization, practically nullifying the ban.

“The lesson here is pretty straight forward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

The new shops in Alaska are certainly just the first step. History has show once a state puts laws in place legalizing marijuana, it tends to eventually expand. Once the state tears down some barriers, markets develop and demand increases. That creates pressure to further relax state law.